Hutchinson v. Bigelow & Allis
Supreme Court of Vermont
Trustee Process. The suit was commenced before a justice of the peace, and came to the county court upon appeal taken by the claimants, who were admitted to appear before the justice and assert their title to the property in the hands of the trustee. In the county court the plaintiff moved to dismiss the suit, assigning, as cause, that the appeal was allowed to the claimants contrary to law.
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Trustee Process. The suit was commenced before a justice of the peace, and came to the county court upon appeal taken by the claimants, who were admitted to appear before the justice and assert their title to the property in the hands of the trustee. In the county court the plaintiff moved to dismiss the suit, assigning, as cause, that the appeal was allowed to the claimants contrary to law. The county court, January Term, 1851, — Collamer, J., presiding, —dismissed the suit. Exceptions by claimants. By the statute the claimant is made a party to the suit; and if a party, then he is entitled…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
It is insisted by the claimants, that the decision of the county court, dismissing the appeal, is erroneous. The decision is based upon the supposition, that persons who appear and are admitted to assert their claims to the funds in the hands of the trustee are not by law entitled to an appeal from the decisions and judgments, which may be rendered by justices of the peace upon their claims, — that the claimant is not in such sense a party to the suit, as entitles him to an appeal. If this be the law, it may, and often will, operate with…
2Cases cited1 opinion
- McKenzie v. RansomSupreme Court of Vermont · 1850
3Cited by2 opinions
- Van Buskirk v. MartinSupreme Court of Vermont · 1856
- Howard & Brown v. GammonSupreme Court of Vermont · 1906